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STATE v. CAUSBIE

No. 2 CA-CR 2016-0106.

384 P.3d 1253 (2016)

The STATE of Arizona, Appellee, v. Earl Jefferson CAUSBIE, Appellant.

Court of Appeals of Arizona, Division 2.

Filed December 5, 2016.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Joseph T. Maziarz , Section Chief Counsel, Phoenix, By Jonathan Bass , Assistant Attorney General, Tucson, Counsel for Appellee

Kuykendall & Associates, Tucson, By Gregory J. Kuykendall and Amy P. Knight , Counsel for Appellant

Judge Miller authored the opinion of the Court, in which Presiding Judge Vásquez and Chief Judge Eckerstrom concurred.

OPINION

¶ 1 Earl Causbie appeals from his conviction for sexual assault, for which he was sentenced to 5.25 years' imprisonment. He argues the trial court erred by refusing his proposed jury instructions on the meaning of "without consent" in the context of alcohol consumption by the victim. Alternatively, he contends...

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